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Queen v. Alvarez and Berlin


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#1 82Bulldog

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Posted 10 May 2013 - 04:10 PM

On 05/09/2013, a class action complaint for declaratory judgment and injunctive relief was filed in the United States District Court for the Northern District of Illinois, Andre Queen v Alvarez and Berlin, 13 cv 03483. The complaint essentially seeks to enforce the Moore ruling. [I looked but could not find another thread on this case].

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#2 MrMonarch

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Posted 10 May 2013 - 04:13 PM

That's Andre Queen from Fidelity Investigative Services, one of the few places in Chicago that offer the Chicago Firearms Permit class.

This is interesting to say the least.

#3 solareclipse2

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Posted 10 May 2013 - 04:18 PM

Ooh this is going to be good. I like where that is heading.
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#4 05FLHT

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Posted 10 May 2013 - 04:25 PM

That's Andre Queen from Fidelity Investigative Services, one of the few places in Chicago that offer the Chicago Firearms Permit class.

This is interesting to say the least.


...and Charles Cooper (NRA). Interesting indeed...
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#5 glockready

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Posted 10 May 2013 - 04:29 PM

Should have included Tom Dart as a defendant in this lawsuit.
"The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants." Thomas Jefferson

#6 ike

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Posted 10 May 2013 - 05:59 PM

But how can they file before June 9th ? There still is a UUAW law until then with the stay the court gave the state

#7 Patriots & Tyrants

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Posted 10 May 2013 - 06:11 PM

Alvares's office has already said they dont care what the court says and will violate the 7ths order so the suit makes sense.

#8 Indigo

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Posted 10 May 2013 - 07:01 PM

Way to go, Andre!
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#9 Sigma

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Posted 10 May 2013 - 07:54 PM

Trust me Andre will represent us well. I love that it is in the northern district. Great strategy. .
Exodus 22:2-3
If the thief is found breaking in, and he is struck so that he dies, there shall be no guilt for his bloodshed.

Gun control is not about guns, it's about control. Once they have all the guns, they'll also have complete control.-Abolt

Guns kill people just like beds get girls pregnant.

#10 Sigma

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Posted 10 May 2013 - 08:09 PM

Trust me Andre will represent us well. I love that it is in the northern district. Great strategy and is class action. I cant wait to see what her response will be. Of course after she asks for more time to respond


Exodus 22:2-3
If the thief is found breaking in, and he is struck so that he dies, there shall be no guilt for his bloodshed.

Gun control is not about guns, it's about control. Once they have all the guns, they'll also have complete control.-Abolt

Guns kill people just like beds get girls pregnant.

#11 Fidelity Academy

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Posted 10 May 2013 - 09:00 PM

The next few weeks will be interesting, to say the least.
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#12 Federal Farmer

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Posted 10 May 2013 - 09:31 PM

Nice! Good luck, Andre!

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#13 vezpa

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Posted 10 May 2013 - 09:39 PM

Thanks Andre!

.

Laws that forbid the carrying of arms disarm only those

who are neither inclined nor determined to commit crimes.

                                                    

                                                                                                                                                     

                                                                    - Thomas Jefferson


#14 Bimmer

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Posted 10 May 2013 - 10:14 PM

Good Luck Andre!!!
The Second Amendment to the United States Constitution
A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

#15 MrMonarch

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Posted 10 May 2013 - 10:20 PM

Thanks Andre!

.


+1
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#16 Howard Roark

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Posted 10 May 2013 - 10:51 PM

37. Absent a class action, most members of the Class would find the cost of litigating their claims to be prohibitive and will have no effective remedy. The class treatment of common questions of law and fact is superior to multiple individual actions throughout the State or to piecemeal litigation in that it conserves the resources of the courts and litigators and promotes consistency and efficiency of adjudication.


Thanks and good luck to Andre and Maria ! (and thanks to whomever is paying our lawyers, maybe it's the NRA, but I'm not sure, doesn't matter).

One State, One Law on the Right to Bear Arms.

Edited by Howard Roark, 10 May 2013 - 10:52 PM.

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#17 skinnyb82

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Posted 10 May 2013 - 11:14 PM

Oh you've gotta be kidding me. I just lost an entire write-up. OK basic issues here (I'm NOT going into this again, not tonight). Is the class certifiable? Yes. It meets all of the four prerequisites under FRCP Rule 23(a) and then meets at least two, maybe all three of the (one one requried) requirements under subsection b. The issue is that WHEN will it be certified. Sometimes it takes years, sometimes months.

One thing I will say, it's a VERY good thing having Judge St. Eve presiding over this case. She's the one who sentenced Rezko to 10.5 yrs in prison. She issued a scathing opinion in the Abbate civil case last December, denying vacatur and upholding the civil judgment and verdict in the Obrycka v. City of Chicago and Anthony Abbate case. Remember that one? CPD officer beats a woman in a bar, CPD does nothing, Chicago says screw you even though said beating was caught on surveillance and disseminated to every news outlet in the Western Hemisphere, Chicago loses at trial, $850k judgment awarded, BIG SURPRISE! She's a Bush II appointee. Put on the bench at the ripe old age of 36, youngest woman to ever be appointed to the federal bench. Good chance her name will come up for a SCOTUS nomination as she's not very old.

Reading the prayer for relief makes me just roll my eyes. Just having to ask the Court to enjoin Alvarez and Berlin from enforcing a law that they will be enjoined from enforcing on June 10th...uh yeah, that's right, it's come to this. Asking the Court to rule...in line with precedent set by CA7, that's a no-brainer that St. Eve would do that as she could be removed from the bench for not doing so. She has to follow Circuit precedent, but how narrowly or widely, who knows. Also take note, this isn't just people who live in Cook and DuPage. The class also includes those who travel to Cook and DuPage. It could theoretically include ALL FOID card holders. It also asks for "relief the court deems proper" aka compensatory damages. If this were an individual capacity suit, punitive damages would be on the table but even $10/pop for 700k people, $7M. No way would it be $10/each card holder. Can't compensate for a lifetime's worth of civil rights deprivation but if you could, it sure wouldn't be $10.

Eh, more on all of this tomorrow but here's Amended Exhibit "A" from the docket, a scan of a piece from the Tribune from March 28th :P Guess what that's about hehe.
Attached File  AmendedExhibitA.pdf   456.92KB   307 downloads

Here's the docket for the case, I'll keep it updated. It's not linking the docket entries to any actual documents, just go to the root directory for the case.
http://ia601702.us.a...3284.docket.htm

This part, not great. In short, first hearing is set for 10 days AFTER default carry set to begin, 10 days AFTER civil rights violations commence.
"MINUTE entry before Honorable Amy J. St. Eve: Initial status hearing set for 6/20/13 at 8:30 a.m. in courtroom 1241. Parties shall refer to Judge St. Eve's web page at www.ilnd.uscourts.gov and file a joint status report by 6/17/13 as set forth in the Initial Status Conferences procedure. Mailed notice (kef, ) (Entered: 05/10/2013)"

Edited by skinnyb82, 10 May 2013 - 11:22 PM.

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#18 Howard Roark

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Posted 10 May 2013 - 11:42 PM

Also take note, this isn't just people who live in Cook and DuPage. The class also includes those who travel to Cook and DuPage. It could theoretically include ALL FOID card holders.


May be broader. Could include the whole country, limited to people who have the right to keep arms under the 2A.
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#19 skinnyb82

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Posted 11 May 2013 - 12:02 AM

It should be. Otherwise another lawsuit for depriving people from 49 other states from carrying in Crook and DuPage. 14th Amendment.

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#20 stm

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Posted 11 May 2013 - 01:33 AM

Nice! Good luck, Andre!

+1!

yea everyone makes fun of the redneck till the zombies show up. . .


#21 Yas

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Posted 11 May 2013 - 05:48 AM

Andre and the Miss's Thank you for standing up and making the fight.

#22 DjachDjach

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Posted 11 May 2013 - 07:27 AM

Thank you, Andre!
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#23 TacticalVideo

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Posted 11 May 2013 - 09:21 AM

Thank you Andre!

#24 Sigma

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Posted 11 May 2013 - 09:29 AM

So how does this affect a possible may issue state wide or from Chicago/cook ?
Exodus 22:2-3
If the thief is found breaking in, and he is struck so that he dies, there shall be no guilt for his bloodshed.

Gun control is not about guns, it's about control. Once they have all the guns, they'll also have complete control.-Abolt

Guns kill people just like beds get girls pregnant.

#25 skinnyb82

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Posted 11 May 2013 - 10:26 AM

It doesn't have any effect if a permit system is introduced.

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#26 Sigma

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Posted 11 May 2013 - 10:46 AM

So even this wont stop tom darts foolishness
Exodus 22:2-3
If the thief is found breaking in, and he is struck so that he dies, there shall be no guilt for his bloodshed.

Gun control is not about guns, it's about control. Once they have all the guns, they'll also have complete control.-Abolt

Guns kill people just like beds get girls pregnant.

#27 skinnyb82

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Posted 11 May 2013 - 10:53 AM

Well actually its very probable that Dart's garbage will be shot down but it depends on how Judge St. Eve interprets Moore. "Reasonable restrictions" remember? Dart's restrictions are not even close to reasonable and the judge is, well I'm still reading her opinions and orders in a bunch of other civil cases to get an idea of how she might rule in this case.

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#28 Tvandermyde

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Posted 11 May 2013 - 11:35 AM

I'm glad you guys like my handy work.

One down one more to go. . .

and thatnsk to Andre for agreeing to be a plantiff
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#29 skinnyb82

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Posted 11 May 2013 - 11:41 AM

Ooohhh Todd's scheming this isn't good...for "them" :P

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#30 Mr. Fife

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Posted 11 May 2013 - 12:28 PM

Also take note, this isn't just people who live in Cook and DuPage. The class also includes those who travel to Cook and DuPage. It could theoretically include ALL FOID card holders.


May be broader. Could include the whole country, limited to people who have the right to keep arms under the 2A.


I don't think it would include ALL FOID card holders. There are quite a few here on record as saying they would never come north of our very own Mason Dixon Line, LOL!
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